Legal Opinion

Crohn v. Clay County State Bank

Missouri Court of Appeals

Decided May 31, 1909PublishedCited by 9 opinions

Appeal from Clay Circuit Court. — Non. Francis H. Trimble, Judge. (1) Payment made in good faith to the administrator at the domicile of the deceased before there is any local administration is a valid discharge of the debt. Watkins v. Ellett, 108 U. S. Sup. .256; Maas, Adm., etc. v. Bank, 176 N. Y. 377; Schluter v. Bank, 117 N. Y. 125; Ramsey v. Ramsey, 97 111. App. 270; 13 Am. & Eng. Ency.

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Appeal from Clay Circuit Court. — Non. Francis H. Trimble, Judge. (1) Payment made in good faith to the administrator at the domicile of the deceased before there is any local administration is a valid discharge of the debt. Watkins v. Ellett, 108 U. S. Sup. .256; Maas, Adm., etc. v. Bank, 176 N. Y. 377; Schluter v. Bank, 117 N. Y. 125; Ramsey v. Ramsey, 97 111. App. 270; 13 Am. & Eng. Ency. Law (2 Ed.), page 932, and cases cited in note; 18 Cyc., page 1227; In re Williams, 130 Iowa 553, 107 N. W. 611. (2) A debtor residing in a jurisdiction other than the domicile may waive the incapacity of…

1Opinion of the CourtEllison, J.

— Plaintiff is the public administrator of Jackson county, in charge of the estate of William H. Lowe, deceased. He brought this action to recover a deposit of $1,500 left by deceased with the defendant, a banking institution in a county adjoining Jackson. The judgment in the trial court was for the plaintiff.

• It appears that’ Lowe resided in the State of Iowa and that he died in the State of Kansas in November, 1906, leaving also a deposit of $1,000 in a bank in Jackson county. In that month letters of administration were granted on his estate in his home county in Iowa to O. W. Huff, who…

2Cases cited9 opinions

  1. Richardson v. BuschSupreme Court of Missouri · 1906
  2. Becraft v. LewisMissouri Court of Appeals · 1890
  3. Stevens v. LarwillMissouri Court of Appeals · 1904
  4. Naylor's Administrator v. MoffattSupreme Court of Missouri · 1859
  5. In re Partnership Estate of Henry Ames & Co.Supreme Court of Missouri · 1873

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3Cited by9 opinions

  1. Buder v. BeckerCourt of Appeals for the Eighth Circuit · 1950
  2. Saner-Ragley Lumber Co. v. SpiveyTexas Commission of Appeals · 1922
  3. Hartnett v. Langan.Supreme Court of Missouri · 1920
  4. Alkema v. WidmeyerMissouri Court of Appeals · 1987
  5. State ex rel. Collector of Knox County v. BunceMissouri Court of Appeals · 1915

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